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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50728
Experience:  Qualified Solicitor
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If I bought a bike in February and was told it would arrive

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Hello,
If I bought a bike in February and was told it would arrive by the end of April and there were no delays, having paid for it I am still waiting for he bike with a due date of 12th June! ...am I legally allowed to cancel the order on the basis they said there were no delays? And get my money back? The paperwork says they cannot take responsibility for late delivery but verbally they said there were no delays.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Did you buy it in store or online? Also was it custom-built?

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 28 days ago.
Its was online and telephone...its a standard bike so NOT custom built...e-bikeshop.farnham.

Thank you, ***** ***** shortly

Hi there, so as mentioned, a consumer’s rights in this situation are determined under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Amongst others, these Regulations apply to contracts entered at a distance (e.g. online or over the phone).

In terms of cancellation rights, these are as follows:

· Contracts entered off the trader’s premises or at a distance – 14 days after the day the goods came into the physical possession of the consumer, although you can also cancel the purchase before they have actually come into your possession

If the consumer decides to exercise their right to cancel the contract, then each party will have separate liabilities:

· Consumer – must return the goods no later than 14 days from the date of notification of cancellation, unless the trader has agreed to collect them; pay the delivery costs unless the trader did not advise them that they would be liable for this at the time the contract was concluded.

· Trader – must reimburse all payments (except delivery charges in excess of the minimum/cheapest delivery costs) within 14 days

If you wish to get a template cancellation form you can use the one provided in the Regulations: http://www.legislation.gov.uk/uksi/2013/3134/images/uksi_20133134_en_003

If you have to challenge this through your credit card, contact the to say that you wish to raise a claim under section 75 of the Consumer Credit Act.